Wright Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20530 Research and Special Programs Administration JUN | 8 1998 LIARLEADE Mr. Rick Wells Shipping Manager Wright Corporation P.O. Box 402 Ref. No. 98-0021 Riegelwood, NC 28456 Dear Mr. Wells: This is in response to your letter of April 10, 1998, requesting clarification on the requirements for securing packages under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided a scenario in which Hexamethylenetetramine, a Division 4.1 (flammable solid) material, is packaged in 2,000-pound flexible intermediate bulk containers (FIBCs), or in fifty pound bags which are stacked together with glue between each layer. The packages are then placed on pallets, with no means of securement to the pallet. Each unit is loaded on the truck touching adjacent units and walls in a staggered configuration with some spaces remaining.' The last two units are secured with load locks to prevent them from moving. confirmation that this scenario you present meets the You requested requirements of the HMR. Section 177.834 (g) requires a motor carrier to ensure that packages are secured against movement within a vehicle to prevent shifting or falling under conditions normally incident to transportation. These conditions most often include vehicle starting, stopping, cornering; road conditions. accident avoidance, and varied Units secured to a pallet that is itself not prevented from movement relative to motion of the transport vehicle, or containers wedged in the nose of the vehicle without rear support do not meet the requirements of $ 177.834 (g) for being secured against movement within the vehicle. requirements which address protection against shifting or falling cargo are found in the Federal Motor Carrier Safety Regulations (EMCSR; 49 CFR Parts 383-399), specifically under S$ 393.100 to 393.106. These requirements allow varied methods of securement, or load-locks. such as blocking with other freight, banding or use of tie-downs 177.834#

Page 2- 2 The requirements in $ 177.834 (g) are met when packages of hazardous materials are secured in a manner that precludes movement within the transport vehicle, e.g., blocking with other freight, use of tie-downs, or toe-boards. provided does not meet the requirements of § 177.834 (g). We note The scenario you the packages are not secured to the pallets and that there are void spaces in your configuration which present the possibility of movement. Any movement of packages relative to the transport vehicle would be a violation of the HMR. - trust this answers your inquiry. If we can be of further assistance, please contact us. Sincerely, Senior Transportation Specialist Office of Hazardous Materials • Standards :#

Page 3:.: of tansportation US Department Special Programs Research and Administration MAY 2 1990 KI. Larry Barr BeIr 5 Miles, Inc. Chicago, Illinoia 60616 Dear Mr. Berr: This Is in response to your Jester deted March 2B, 1990, regarding package securement Iequitements vebicle in accordance with § 177.834(a) and (g) of the Hazardous Materials trarsporting hazardous materials by notor Regulations (HAR). Section 177.834(a) requires a motor carrier to ensure that packages of hazardous materiels are secured against novement yithin a uctor vebicle to preyert shifting or falling, under conditions normelly. incident to vehicle Etarting, stopping, accelerating, cornering, accident avoidance, and transportation. Conditions nornally incident to transportation include veried Ioed conditions. General requirements which address protection egainst shifting or falling cargo under conditions normally incident to motion banding, use of tiedowns or other methods that will ensure that relative betreen peckages is kept to a minimum. The requiremento in § 177.834(g) are met when packages of hazardous materiels ere secured in a cerner that precludes movement of those packages. I trust this ansvers your inquiry. If ve can be of additional assistance, please contact us. - Sincerely, Edward I. Mezzullo' Chief, Standards Division Office of Hazardoun Meteriel• Iransportation 177.834#

Page 4.." contractors WRIGHT CORPORATION W 7 li: 177.834G April 10, 1998 U.S. Department of Transportation Mr. Edward T. Mazzullo 400 Seventh Street, S.W. Room # 8102 DHM-10 Washington, D.C. 20590 Dear Mr. Mazzullo: The purpose of this letter is to receive clarification of C.F.R. 177.834 G...."'Must be so braced as to prevent motion thereof relative to the vehicle when in transit", for our product Hexamethylenetetramine, a Flammable Solid, 4.1, UN1328, PG III. We are the largest U.S. producer of this product and we ship all over the country as well as to Canada and Mexico. We first contacted your office in March 1997 because some of the carriers hauling our product were being stopped in Chillicothe, Ohio, about two to four times a year (we ship approximately seven truck loads a week to Ohio). We were given a letter (attached) addressed to Mr. Larry Barr which referred to a similar situation. We used this letter as support for the three cases that the Public Utilities Commission of Ohio had against us last year and helped us get all three violations deleted. In the last case their Administrator was very hesitant to agree because the letter was not addressed to us. What I would like for you to do is review the following information about how we load this material and send us a letter stating that this is a D.O.T. approved method for loading a Flammable Solid using our freight stacked against each other to block against movement. Our product is shipped in two thousand pound FIBC's, or in fifty pound bags, twenty one hundred pounds per unit. Both are placed on forty two by forty two inch pallets which allows at least one inch over hang per side. The fifty pound bags are secured by the use of glue between each layer to prevent shifting. I am sending a diagram (attached) to show how these units are loaded on the trucks. Each unit is placed touching adjacent units and walls except where spaces are indicated. This alternating method locks from side to side and front and back. On the last two pallets we require two load locks to keep them from moving. We have contacted out two largest customers in Ohio and neither have experienced receiving any truck loads of material with shifted or damaged bags. Also, each time we ask the Officer in Chillicothe if our loads had shifted or been in any disarray, he has indicated that they were not. At this point the trip is 95% complete. P.O. BOX 402 • RIEGELWOOD, N.C. 28456 • TELEPHONE 919-655-2263 • • FAX 919-655-9671#

Page 5April 10, 1998 Page 2 If there is any other information that would help explain what I am asking I can be reached at 910- 655-2297 extention 5241. Thank you very much for your office's help in the past, and for you taking time to help us with this letter. Sincerely, Nich Wells Rick Wells Shipping Manager Enclosures (2) aw#

Page 6(FroNT) (FroNT) X •• 124 Example For Loading a Example for Truck with Loading a 21 PaLLeTS Truck with 22 pullets - - Space Please space PaLLeTS AS SnoWN X Load.. Locks.#